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HomeMy WebLinkAbout05-22-78 Council Meeting MinutesREGULAR MEETING MAY 22, 1978 Be it remembered that the Common Council of the City of South Bend met in the Council Chambers of the County -City Building on Monday, May 22, 1978, at 7:00 p.m. Council President Parent presiding. The meeting was called to order, and the Pledge to the Flag was given. ROLL CALL PRESENT: Council Members Serge, Szymkowiak, Miller, Taylor, Kopczynski, Adams, Dombrowski, Horvath and Parent ABSENT: None REGULAR MEETING MAY 22, 1978 REGULAR MEETING (CONTINUED REPORT FROM THE SUB- COMMITTEE ON MINUTES To the Common Council of tiie City of South Bend: Your sub - committee on the inspection and supervision of the minutes would respectfully report that it has inspected the minutes of the May 8, 1978 meeting of the Council and found them correct. The sub - committee, therefore, recommends that the same be approved. /s /Roger O. Parent /s /Mary Christine Adams Council Member Serge made a motion that the minutes of the May 8, 1978, meeting be placed on file, seconded by Council Member Dombrowski. The motion carried. Council Member Taylor made a motion to resolve into the Committee of the Whole, seconded by Council Member Dombrowski the motion carried. COMMITTEE OF THE WHOLE Be it remembered Whole on Monday, presiding. BILL NO. 70 -78 that the Common Council of the City of South Bend met in the Committee of the May 8, 1978, at 7:03 p.m., with nine members present. Chairman Frank Horvath A BILL APPROVING THE FORM AND TERMS OF LEASE AND TRUST INDENTURE AND INDUSTRIAL DEVELOPMENT REVENUE BONDS, AND AUTHORIZING THE EXECUTION THEREOF PERTAINING TO OVILA T. BERGERON ANDDORIS L. BERGERON, HUSBAND AND WIFE. This being the time heretofore set for public hearing on the above bill, proponents and opponents were given an opportunity to be heard. Mr. Kenneth Fedder, attorney for the Economic Development Commission, made thepresentation for the bill. He indicated this application was for $450,000 for construction and equipping of a facility at 3502 W. Sample Street. He said this will create twenty new jobs in the community. Council Member-Kopczynski made a motion to recommend this bill to the Council favorable, seconded by Council Member Taylor. The motion carried. BILL NO. 64 -78 A BILL AMENDING CHAPTER 2, ARTICLE 5, SECTION 2 -57 COMMISSION ON STATUS OF WOMEN OF THE MUNICIPAL CODE OF THE CITY OF SOUTH BEND. This being the time heretofore set for public hearing on the above bill, proponents and opponents were given an opportunity to be heard. Ms. Jane Bickford, of the Status of Women, made the pre- sentation for the bill. She indicated that a quorum of ten seemed to be presenting an unnecessar hardship. She said they were requesting that a majority of the members constitute a quorum. She said they were also requesting that a majority of the Commission members present could take of- ficial action, and that no individual shall be appointed for more than three consecutive terms. Ms. Louvenia Cain, 1207 W. Washington, spoke against the amendement that a majority of members present could take official action. Dr. Lillian Stanton, 919 Oak Ridge, also spoke against this amendment_. Council Member Adams made a motion that eight (8) be added in Section II (g) after members, and in Section I(c) delete However, no individual shall be appointed for more than three (3) consecutive terms, seconded by Council Member Kopczynski. The motion carried. Council Membe Adams made a motion to recommend this bill to the Council favorable, as amended, seconded by Council Member Taylor. The motion.carried. BILL NO. 66 -78 A BILL APPROVING A CONTRACT BETWEEN THE BUREAU OF WATER OF THE CITY OF SOUTH BEND, INDIANA, AND HITE EQUIPMENT, PLYMOUTH, INDIANA, FOR THE PURCHASE OF A 1978 RUBBER TIRED BACKHOE IN THE TOTAL - AMOUNT OF $52,189.00. This being the time heretofore set for public hearing on the above bill, proponents and opponents were given an opportunity to be heard. Mr. John Stancati, Utilities Director, made the presenta- tion for the bill. He said bids were let pursuant to the Statutes of the State of Indiana and we found competitive. He said the contract was awarded to Hite Equipment by the Board of Water Work as being the lowest and best bid. Council Member Kopczynski asked if this was an additional piece of equipment. Mr. Stancati indicated this was a replacement piece. Council Member Dombrow made a motion to recommend this bill to the Council favorable, seconded by Council Member Taylor. The-motion carried. BILL NO. 67 -78 A BILL APPROVING A CONTRACT BETWEEN THE BUREAU OF WATER OF THE CITY OF SOUTH BEND, INDIANA AND WATCON, INC., SOUTH BEND, INDIANA, FOR THE PURCHASE OF LIQUID POLY- PHOSPHATES FOR USE FROM JUNE if 1978, TO JUNE 1, 1979, IN THE TOTAL AMOUNT OF $21,450.00. This being the time heretofore set for public hearing on the above bill, proponents-and opponents were given an opportunity to be heard. Mr. John Stancati, Utilities Director, made the presenta- tion for the bill. He said bids were let pursuant to the Statutes of the State of Indiana and were found competitive. Mrs. Jane Swan asked if the polyphosphates were restricted to the northwest side of the City. Mr. Stancati indicated that was correct. Council Member Szymkowiak made a motion to recommend this bill to the Council favorable, seconded by Council Member Dombrow The motion carried. REGULAR MEETING MAY 22,1978 COMMITTEE OF THE WHOLE MEETING (CONTINUED) BILL NO. 72 -78 A BILL APPROPRIATING $35,000.00 FROM LOCAL ROAD AND STREET - SPECIAL DISTRIBUTION FUND TO PROJECT R &S 7805, BENDIX DRIVE INTERSECTION IMPROVEMENTS, WITHIN THE LOCAL ROAD AND STREET - SPECIAL DISTRIBUTION FUND. This being the time heretofore set for public hearing on the above bill, proponents and opponent: were given an opportunity to be heard. Mr. Patrick McMahon, Director of Public Works, made the presentation for the bill. He said this represents the cost of improvements proposed at the intersections of Bendix and Bertrand and Bendix and Linden. Council Member Taylor made a motion to recommend this bill to the Council favorable, seconded by Council Member Dombrowski. The motion carried. BILL NO. 73 -78 A BILL APPROPRIATING $45,000.00 FROM LOCAL ROAD AND STREET - SPECIAL DISTRIBUTION FUND TO PROJECT R &S 7804, IRONWOOD/ JEFFERSON IMPROVEMENTS, IWHTIN THE LOCAL ROAD AND STREET - SPECIAL DISTRIBUTION FUND. This being the time heretofore set for public hearing on the above bill, proponents and opponents were given an opportunity to be heard. Mr. Patrick McMahon, Director of Public Works, made the presentation for the bill.. He said this represents the cost of improvements proposed at the intersection of Ironwood Drive and.Jefferson Boulevard. Council Member Adams made a motion to recommend this bill to the Council favorable, seconded by Council Member Taylor. The motion car- ried. BILL NO. 74 -78 A BILL APPROPRIATING $132,700.00 FROM LOCAL ROAD AND STREET - SPECIAL DISTRIBUTION FUND TO PROJECT R &S 68, IRONWOOD DRIVE IMPROVEMENTS, WITHIN THE LOCAL ROAD AND STREET - SPECIAL DISTRI- BUTION FUND. This being the time heretofore set for public hearing on the above bill, proponents and opponents were given an opportunity to be heard. Mr. Patrick McMahon, Director of Public Works, made the presentation for the bill. He said this represents the balance of those estimated funds needed to address the North Ironwood Drive improvements. Council Member Dombrowski made a motion to recommend this bill to the Council favorable, seconded by Council Member Taylor. The motion carried. There being no further business to come before the Committee of the Whole, Council President Parent made a motion to rise and report to the Council and recess, seconded by Council Member Dombrowski. The motion carried and the meeting was recessed at 8:55 p.m. ATTEST: City Clerk REGULAR MEETING RECONVENED ATTEST: — iz� � //� � I Chairman Be it remembered that the regular meeting of the Common Council of the City of South Bend re- convened in the Council Chambers on the fourth floor of the County -City Building at 9:05 p.m., Council President Parent presiding and nine Council Members present. BILLS, SECOND READING ORDINANCE NO. 6361 -78 AN ORDINANCE APPROVING THE FORM AND TERMS OF LEASE AND TRUST INDENTURE AND INDUSTRIAL DEVELOPMENT REVENUE BONDS, AND AUTHORIZING THE EXECUTION THEREOF PERTAINING TO OVILA T. BERGERON AND DORIS L. BERGERON, HUSBAND AND WIFE. This bill had second reading. Council Member Adams made a motion to pass this bill, seconded by Council Member Dombrowski. The bill passed by a roll call vote of nine ayes. ORDINANCE NO. 6362 -78 AN ORDINANCE AMENDING CHAPTER 2, ARTICLE 5, SECTION 2 -57 COMMISSION ON STATUS OF WOMEN OF THE MUNICIPAL CODE OF THE CITY OF SOUTH BEND. This bill had second reading. Council Member Adams made a motion to amend the bill, as amended in the Committee of the Whole, seconded by Council Member Dombrowski. The motion carried. Council Member Adams made a motion to pass the bill, as amended, seconded by Council Member Dombrowski. The bill passed by a roll call vote of nine ayes. ORDINANCE NO. 6363 -78 AN ORDINANCE APPROVING A CONTRACT BETWEEN THE BUREAU OF WATER OF THE CITY OF SOUTH'BEND, INDIANA, AND HITE EQUIP- MENT, PLYMOUTH, INDIANA, FOR THE PURCHASE OF A 1978 RUBBER TIRED BACKHOE IN THE TOTAL AMOUNT OF $52,189.00. This bill had second reading. Council Member Adams made a motion to pass this bill, seconded by Council Member Dombrowski. The bill passed by a roll call vote of nine ayes. ORDINANCE NO. 6364 -78 AN ORDINANCE APPROVING A CONTRACT BETWEEN THE BUREAU OF WATER OF THE CITY OF SOUTH BEND, INDIANA AND WATCON, INC., SOUTH BEND, INDIANA, FOR THE PURCHASE OF LIQUID POLY- PHOSPHATES FOR USE FROM JUNE 1, 1978 TO JUNE 1, 1979. This bill had second reading. Council Member Adams made a motion to pass this bill, seconded by Council Member Dombrowski. The bill passed by a roll call vote of nine ayes. ORDINANCE NO. 6365 -78 AN ORDINANCE AMENDING CHAPTER 2, ARTICLE 5, OF THE MUNICIPAL CODE OF THE CITY OF SOUTH BEND BY THE ADDITION OF SECTION 2 -60 ENERGY CONSERVATION COMMISSION. This bill had second reading, Council Member Adams made a motion to pass this bill, seconded Council Member Dombrowski. The bill passed by a roll call vote of nine ayes. REGULAR MEETING MAY 22, 1978 REGULAR MEETING RECONVENED (CONTINUED) WHEREAS, the Corporation proposes to issue the following bonds to effect the financing of its acquisition of the Parking Facilities: $3,630,000 Parking Facilities Bonds, Series 1978 ( "Series 1978 Revenue Bonds "), payable from rentals paid under the Lease and additionally secured by a mortgage on the Parking Facilities; $1,230,000 Special Obligation Bonds ( "Special Obligation Bonds "), payable from investment income derived from money deposited in trust fro the pay- ment of the 1969 Bonds. WHEREAS, in order to secure the payment of such bonds and the 1969 Bonds, and to assure the conveyance of the Parking Facilities back to the City, free of any lien and encumbrance, when all of the Series 1978 Revenue Bonds shall have been retired, the Corporation proposes to enter into the following instruments: A. Indenture of Mortage and Trust ( "Revenue Bonds Indenture ") dated as of June 1, 1978 between the Corporation and St. Joseph Bank and Trust Company, South Bend, Indiana ( "Trustee "), securing the Series 1978 Revenue Bonds; B. Indenture of Trust ( "Special Obligation Bonds Indenture ") dated as of June 1, 1978 from the Corporation to the Trustee securing the Special Obligation Bonds; C. Trust Agreement ( "Trust Agreement ") dated as of June 1, 1978 between the City, the Corporation and the Trustee securing the payment of the 1969 Bonds and the Special Obligation Bonds; D. U. S. Obligations Purchase Agreement ( "Acquisition Agreement ") dated as of June 1, 1978 between the Corporation and the Trustee pursuant to which the Corporation will acquire from time to time direct obligations of the United States of America to fund an invested sinking fund created by the Revenue Bonds indenture to provide in part for the payment of the Series 1978 Revenue Bonds; E. Declaration of Beneficial Interest ( "Declaration ") dated as of June 1, 1978 from the Corporation to the City to grant and to preserve a beneficial interest in the Parking Facilities in favor of the City during the time that the Series 1978 Revenue Bonds shall be outstanding. F. Letter of Instructions to the Trustee pursuant to which the Corporation's warranty deed to the Parking Facilities will be delivered by the Corporation to the Trustee with instructions to deliver such warranty deed to the City upon the payment of all the Series 1978 Revenue Bonds. WHEREAS, the proposed Revenue Bonds Indenture, Special Obligation Bonds Indenture, Trust Agreement, Acquisition Agreement, Declaration and Letter of Instructions have been presented to this Common Council and are attached hereto as Exhibits A,B,C,D,E and F. NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of South Bend, Indiana, that: SECTION I. This Common Council does hereby request the Board of Directors of the Corpora- tion to proceed with the Parking Facilities refinancing project as provided in accordance with the intent of this Resolution and to proceed with the issuance of the proposed Series 1978 Revenue Bonds and the proposed Special Obligation Bonds, under the Conditions described in this Resolution. SECTION II. The proposed Series 1978 Revenue Bonds, as described in the Revenue Bonds In- denture attached hereto as Exhibit A, are hereby approved. SECTION III. The proposed Special Obligation Bonds, as described in the proposed Special Obligation Bonds Indenture, attached hereto as Exhibit B, are hereby approved. SECTION IV. The proposed Trust Agreement, attached hereto as Exhibit C, is hereby approved and the Mayor and the City Clerk are hereby authorized to join the Corporation in the execution thereof. SECTION V. approved. SECTION VI. The proposed Acquisition Agreement, attached hereto as Exhibit D, is hereby The proposed Declaration, attached hereto as Exhitit E, is hereby approved. SECTION VII. The proposed letter of instructions to the Trustee, attached hereto as Exhibit) F, is hereby approved. SECTION VIII This Resolution shall be in full force and effect from and after its adoption by the Common Council and approval by the Mayor. /s /Walter M. Szymkowiak Member of the Common Council A public hearing was held on this resolution. Mr. Warren Deahl, attorney for the Parking Facilities of South Bend, Inc., indicated this resolution requests the Board of Directors of Parking Facilities of South Bend, Inc., to proceed with the refinancing project and to issue its special obligation bonds. He said this resolution also approves the form of the documents described in Exhibits A,B,D, E and F attached to the resolution, and approves and authorizes 0 11 REGULAR MEETING MAY 22, 1978 REGULAR MEETING RECONVENED (CONTINUED) by the Area Plan Commission for the following reasons: it is not in conformance with the Commission's policy statements on commercial sites which have not been developed; this area has been designated as residential, moderate density on theLand Use and Transportation Plan; and on two past occasions, the Plan Commission has recommended unfavorably on this petition." Council Member Adams made a motion to set the appropriate bills for public hearing and second reading June 12, 1978, seconded by Council Member Taylor. The motion carried. Council President Parent indicated that the Area Plan Commission had again recommended favorable on the commercial zoning for property located at the southeast corner of Mayflower and Linden Avenue (Bill No. 4 -78); therefore, it was necessary for the Council to revote on this bill. Council Member Dombrowski made a motion to defeat this bill, seconded by Council Member Szymkowia . The bill was defeated on a roll call vote of nine ayes. Council Member Adams asked Mr. Mullen if the CIty has decided on an insurance carrier. Mr. Mullet City Controller, indicated they were still negotiating. There being no further business to come before the Council unfinished or new, Council Member Taylor made a motion to adjourn, seconded by Council Member Dombrowski. The motion carried and the meeting was adjourned at 9:45 p.m. ATTEST: City Clerk s APPROVED: / fllrz, r Presi nt